From 1 October 2011, agency workers have the right from day one in an assignment to access end-users’ collective facilities (canteens, crèche provisions, and so on) and to be told about permanent job vacancies. After 12 weeks in an assignment, they have the right to the same basic pay and working conditions as permanent employees in the same or a broadly similar role.
Although the regulations, which implement the EU directive on temporary agency work, were made back in January 2010, employers had to wait until after the General Election in May 2010 to find out how the Coalition would deal with them, then until May this year for guidance on how they will work in practice. Agency workers’ advice is now available on the DirectGov website.
Organisations without plans in place have until Christmas Eve – 12 weeks from 1 October – before the first agency worker becomes entitled to the same basic pay as employees. The right includes overtime and shift payments, contractual holiday pay, and individual bonus or commission payments, but excludes contractual sick pay, pensions, maternity, notice or redundancy pay. The rights are not retrospective.
The main burden for pay compliance falls on agencies, but end-users can be liable for not providing agencies with comparator information. If agency workers put in a tribunal claim, agencies or hirers that are found to have deliberately broken the rules can face an additional award of compensation of up to £5,000 (the award can be split between the two respondents).
Macbrac Training and Development Ltd can offer advice to ensure compliance. Contact us for more details.
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